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PFAS ban in New Mexico: A growing compliance challenge for manufacturers and insurers

4/1/25

By: Joshua G. Ferguson, Kevin G. Kenneally and Kevin M. Ringel

As so-called forever chemical litigation continues to surge nationwide, states are stepping up regulatory efforts – none more significantly in recent weeks than New Mexico. On March 21, the New Mexico Senate passed House Bill 212 with near-unanimous support, positioning the state to become only the third in the nation (after Maine in 2021 and Minnesota in 2023) to enact a sweeping ban on consumer products containing intentionally added per- and polyfluoroalkyl substances (PFAS). A companion bill, HB 140, which classifies firefighting foam containing PFAS as hazardous waste, is poised for a Senate vote. These bills mark a significant shift in how states are addressing PFAS – not just as an environmental hazard, but as a consumer protection issue with broad implications for manufacturers, distributors and insurers. 

The New Mexico legislation, like the legislation in Maine and Minnesota, establishes a phased-out ban on consumer products containing intentionally added PFAS. The ban would take effect with regards to cookware, food packaging, dental floss and juvenile products in 2027; expand to textiles, cosmetics, furniture, cleaning products and more in 2028; and would be a complete ban on remaining products, unless the use is deemed “currently unavoidable” in 2029. Manufacturers and insurers should assess their compliance readiness and make sure existing product disclosures and labeling meet the regulatory requirements presented by this legislation. 

New Mexico’s legislative push builds on a national trend of aggressive PFAS regulation, including the EPA’s pending designation of certain PFAS as hazardous substances under CERCLA and a patchwork of state-level bans and reporting laws. It is clear that PFAS is no longer a fringe environmental issue, but is now a full-spectrum concern that touches on product liability, environmental cleanup, toxic torts, consumer protection and shareholder litigation. 

While New Mexico’s PFAS laws are likely to face legal challenges, compliance and litigation risk is real and growing until courts weigh in. Our PFAS litigation team continues to monitor PFAS developments nationwide. If your company is concerned about regulatory compliance, insurance coverage, or potential exposure in PFAS litigation, FMG is available to help navigate these complex and evolving risks. 

For more information, please contact Kevin M. Ringel (kevin.ringel@fmglaw.com), Joshua G. Ferguson (joshua.ferguson@fmglaw.com) or Kevin G. Kenneally (kevin.kenneally@fmglaw.com).